Between
January 2014 and April 2016, several bank larcenies and
attempted bank larcenies were committed in which the suspects
pulled and dragged automatic teller machines
(“ATMs”) through broken glass doorways and
windows with chains, ropes, or other cables attached to
stolen vans or pickup trucks.

On
November 23, 2015, one such bank larceny was committed in the
lobby of First State Bank in Waverly, Nebraska. Bank
surveillance video revealed multiple suspects. One of the
suspects appeared to be using a cellular telephone while at
the ATM. The Lancaster County Sheriff's Office
(“LCSO”) and the Lincoln Police Department
(“LPD”) conducted analysis of the video
surveillance tapes and cellular tower data, and with
telephone record analysis, identified Darnell Gordon and Cal
McCoy as suspects in the incident. On the same day, Gordon
was arrested for driving with a suspended license. After the
arrest, LCSO reported that Gordon made jail calls to several
individuals, including numerous calls to a cellular telephone
number ending in 8674 which was subscribed to Defendant
Wakonda Hazel.

LPD
conducted additional telephone analysis and received pen
registers for Gordon's phone. The analysis and records
revealed frequent calls between Gordon and a telephone number
ending in 1358 which was subscribed to Defendant Isaiah
Brown. Brown had been previously arrested in 2014 for
burglary and possession of a stolen ATM.

On
March 27, 2016, Douglas County Sheriff's Office
(“DCSO”) conducted a traffic stop on a blue 2011
Hyundai Sonata, a 2016 Chevrolet HHR SUV, and a stolen white
pickup truck near Fremont, Nebraska. The Sonata was
registered to Defendant Bajah Pittman. Occupants of the
vehicles were Hazel, Darnell Gordon, Lyle Gordon, and
Kentrell Reed. Each occupant was arrested and on March 29,
2016, Pittman was arrested for conspiracy to commit a felony.
A search warrant was executed on her cell phone which has a
number ending in 0844.

Based
upon the above facts, as part of its investigation, the
United States Attorney's Office applied for and received
orders seeking the disclosure of cell phone records,
including subscriber name, call information, telephone or
instrument numbers, user activity records, and cell tower
data for certain time periods for phone numbers ending in
8674, 0844, and 1358. (See Exhs. 3A, 5A, & 7A).
These numbers were subscribed to Defendants Hazel, Pittman,
and Brown respectively. The undersigned magistrate granted
each order pursuant to the Stored Communications Act
(“SCA”), 18 U.S.C. § 2703(c) &
(d).

With
the defendants' historical cell-site information,
[1] the
Federal Bureau of Investigations (“FBI”) compiled
the defendants' information for the specific robbery
dates and created maps showing whether defendants'
individual phones were active within close proximity (in
location and time) to the robberies. (See Defense
Exh. 3). For an example, the historical cell-site location
data received from Sprint regarding Defendant Hazel's
cell phone showed that her phone actively used Sprint towers
93, 94, & 96 which were respectively located 5.2 miles
north of, 4.9 miles south of, and 6.8 miles southeast of the
Nehawka Bank on the September 25, 2015 robbery date; the
activity consisted of phone calls received from co-defendants
Brown and Darnell Gordon.

In
total, the collected data and maps showed: Defendant
Hazel's phone was active the vicinity of the robberies of
the Nehawka Bank in Union, Nebraska on September 25, 2015;
the Casey's Convenient Store in Des Moines, Iowa on
October 8, 2015; and the First State Bank in Waverly,
Nebraska on November 23, 2015. Defendant Brown's phone
was active in the vicinity of the robberies of Nehawka Bank
in September, 2015 and Casey's Convenient Store in
October, 2015. Defendant Pittman's phone was active in
the vicinity of the First State Bank robbery in November,
2015.

On
January 19, 2017, Defendants Isaiah Brown, Bajah Pittman,
Wakonda Hazel, and seven co-defendants were indicted by a
federal grand jury. (Filing No. 1). The indictment
charges the defendants with a wide-ranging conspiracy to
commit bank larceny and attempted bank larceny of ATM
machines from January 2014 to April 2016, sometimes by using
stolen vehicles.[2] The indictment alleges some of the
defendants, as part of the conspiracy, “conducted
visual surveillance of the areas around businesses with ATM
machines to attempt to detect the possible presence of law
enforcement, while other defendants broke and entered into
the businesses and removed the ATM machines.”
(Filing No. 1). The indictment additionally alleges
“it was also part of the conspiracy that defendants
utilized cellular telephones to monitor the location of local
law enforcement in relation to the business where the ATM
machines were located, while the defendants attempted to
remove the ATM machines from the businesses.”
Id.

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Defendants
Brown, Pittman, and Hazel each seek to suppress evidence of
historical cell-site location data obtained through the
orders pursuant to 18 U.S.C. &sect; 2703(c)& (d). They argue the disclosure of their
cell-site ...

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